Tag Archive | Private Insurance
ERISA: Amicus Briefs Filed in US Airways v. McCutchen
During the U.S. Supreme Court’s upcoming term, the court is scheduled to hear U.S. Airways v. McCutchen, 663 F.3d 671 (3d Cir. 2011). We have previously written about the issue of equitable doctrines in ERISA: ERISA! ERISA! ERISA! A Primer; Ninth Circuit Reduces ERISA Lien Rights (CGI v. Rose); ERISA Liens: What You Need to […]
Medicare Advantage Plans Entitled to Medicare Liens
In late June, the 3rd Circuit held that Medicare Advantage Plans (“MAP” or “MAPs”) have the same rights to reimbursement as regular Medicare. The district court in In Re Avandia Marketing, 2011 U.S. Dist. LEXIS 63544, (E.D. Penn. 2012) originally held the plans do not have the same rights to reimbursement as regular Medicare. However, […]
CGI v. Rose – 9th Circuit Reduces ERISA Lien Rights
Last Thursday, Public Justice won a federal appeals court ruling limiting ERISA plan’s ability to collect from personal injury lawsuits. This is Public Justice’s second ERISA lien victory in less than a year. Their tireless work has provided plaintiffs with a ray of light for us to fight the ERISA liens that so greatly limit […]
Misconceptions: It’s Not a Valid “Lien” Unless They Put Me on Notice
The most troubling “liens” are the ones that come up unexpected. But why do liens come up without warning? For starters, we have to remind you that we all use the term lien loosely. Most of the time we are not dealing with liens at all. The usual encumbrance is either a subrogation right, a […]
ERISA, ERISA, ERISA!
In lien resolution (or subrogation, or reimbursement) ERISA means nothing. Let’s get that out of the way. Health plans can scream “ERISA!” at the top of their lungs. It still means nothing. One of 0ur younger attorneys at Lien Resolution Services dealt with this very issue last week. I like the way this ERISA lien […]
Med Mal Reform & Lien Resolution
The AAJ and Daily Kos are reporting the Obama administration’s proposed budget includes $250 million in Justice Department grants to help state rewrite their medical malpractice laws along the lines of recommendations from the deficit commission. The grants are meant to help states pursue innovative reforms which improve health care quality, reduce medical costs, and […]
MMSEA – RRE Reporting Begins Oct. 1, 2010
President George W. Bush signed the Medicare Medicaid & SCHIP Extension Act (“MMSEA”) more than three years ago. On October 1st, 2010, its reporting section finally goes into effect. How will reporting change the Healthcare Lien landscape? How will it change Personal Injury Law? The Defense Fears The MMSEA turns defendant-insurers into Responsible Reporting Entities […]
The Need for Lien Resolution in Asbestos Cases
What is Asbestos? While most asbestos-containing products were produced during the 1940s to 1970s asbestos litigation remains prevalent today. What exactly is asbestos? Asbestos is the common name for a variety of silicate materials that more resistant to acid and fire than other materials. Physically, asbestos appears fibrous. Asbestos is used for thermal insulation, fire […]
Don’t See What You’re Looking For?
We know many of you get here via Google, Bing, or other search engines because you have questions. We also know that we have many holes in our advice regarding Medicare liens, state Medicaid liens, and ERISA liens. We don’t even touch on Medicare Set-Asides (MSAs) in this blog – at least not yet. As […]
Speeding Up Medicare Lien Resolution – Tips & Tricks
Generally, a Medicare lien resolution time line is as follows: Report to the COBC – Day 1; COBC transfers the lien file to the MSPRC (2-4 days); MSPRC sends a “Rights & Responsibilities Letter” to both the attorney and the client (10-15 days); MSPRC sends a Conditional Payment Letter to the client, and to any […]
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